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Beiguan District Wenfeng District Yindu District Long'an District Linzhou City Anyang County Tangyin County Huaxian County Neihuang County

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Mortgage guarantee Personal debt Conjugal debt Debt claims private lending Recovery of arrears Loan disputes Debt dispute Corporate debt

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Henan Anyang Creditor's rights and debts Mortgage guarantee

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Anyang Creditor's Rights and Debtor's Law Popularization

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What to do if you hold a debit note but cannot find a person

1. The creditor has the priority to recover from the secured debtor, and the guarantor is responsible for paying off when the debtor is unable to repay, and then has the right to recover from the debtor. 2. The creditor has the right to claim from the debtor spouse when dealing with debts involving the joint property of the husband and wife; 3. If the dispute cannot be resolved, the creditor can take action, and the court will make a judgment by default based on the evidence. If the debtor fails to perform, it can apply for enforcement. 4. For the debtor who is missing and has no property, the creditor can apply for declaration of missing and entrust an agent to manage his property to protect his rights and interests. #Creditor's rights and debts 1451 readings
Whether the pledgee has the right to use or dispose of the pledged property

The key of guarantee value is not the use characteristics of the pledged property, but its exchange value. The objective of the creditor holding the pledged property is to maintain the effectiveness of the security, rather than the actual use. The pledgee shall not use or dispose of the pledged property without authorization, otherwise the pledgee will be liable for civil compensation to the pledger in accordance with the law for the loss of the pledged property. #Creditor's rights and debts 1126 readings
Whether the mortgage is transferred when the creditor's right is transferred

The mortgage right and the creditor's right are inseparable and independent, and their transfer must be accompanied by the transfer of the creditor's right, unless otherwise stipulated by laws and regulations or explicitly agreed by both parties. As collateral security, mortgage is always attached to the main creditor's right and can only be transferred synchronously with it. #Creditor's rights and debts 1331 readings
Whether the creditor can retain any property of the debtor

The exercise of lien is strictly regulated by law, which is usually limited to the same legal relationship as the creditor's rights. The lien between subjects of common civil law needs to ensure that the property guaranteeing the debt is consistent with the creditor's rights. However, among enterprises, when the creditor can legally possess and control the debtor's movable property, no matter what kind of legal relationship the movable property originates from, even if it is inconsistent, it can also use the lien to guarantee the debt performance. This restriction does not apply among enterprises. #Creditor's rights and debts 1355 readings

What are the consequences of guarantors in private lending disputes

In private lending, the protection of the rights and interests of the guarantor can be divided into two situations: general protection, when the borrower is not judged and has no property enforcement, the guarantor can refuse to protect; For the guarantee of unlimited joint and several liability, if the debtor is overdue, the creditor has the right to recover from the guarantor, and other guarantors, including you, shall bear the liability according to the agreed scope. #Creditor's rights and debts 1052 readings
Whether the guarantee letter is still valid without date

The validity dispute is caused by the failure to mark the time limit for signing the letter of guarantee. If there is a clear agreement, it shall be executed in accordance with the agreement; Otherwise, the legal guarantee period is six months from the next day after the debt performance period expires. In general guarantee, if the creditor has no litigation or arbitration act, the guarantor shall be exempted from liability; In the joint guarantee, if the creditor does not compel the guarantor, the guarantor is also exempted from liability accordingly. #Creditor's rights and debts 871 readings
What to do if you hold a debit note but cannot find a person

1. The creditor has the priority to recover from the secured debtor, and the guarantor is responsible for paying off when the debtor is unable to repay, and then has the right to recover from the debtor. 2. The creditor has the right to claim from the debtor spouse when dealing with debts involving the joint property of the husband and wife; 3. If the dispute cannot be resolved, the creditor can take action, and the court will make a judgment by default based on the evidence. If the debtor fails to perform, it can apply for enforcement. 4. For the debtor who is missing and has no property, the creditor can apply for declaration of missing and entrust an agent to manage his property to protect his rights and interests. #Creditor's rights and debts 1280 readings

Win the lawsuit The transferee does not accept the transfer of debt by agreement. After the lawsuit, the court supported all the claims of the creditor (plaintiff)

Agent: appellant result: Win the lawsuit

My value: Sort out the case evidence, change the thinking of the first instance litigation, confirm the new thinking of the debate, and finally the court determined the legality of the debt transfer agreement and the determined repayment subject Detailed case>
Win the lawsuit Private lending disputes

Agent: plaintiff result: Win the lawsuit

My value: The defendant shall repay the plaintiff's loan and interest within ten days after this judgment takes effect. Detailed case>
Win the lawsuit Private lending disputes

Agent: plaintiff result: Win the lawsuit

My value: The defendant shall repay the principal and interest of the plaintiff's loan within ten days after this judgment takes effect Detailed case>
Win the lawsuit Private lending disputes

Agent: plaintiff result: Win the lawsuit

My value: The defendant shall repay the plaintiff Zhang Jing's loan of 100000 yuan and interest within ten days after the judgment takes effect Detailed case>

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